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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 03-4799

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
CORY COLLINS,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
C. Weston Houck, Senior District
Judge. (CR-03-64)

Submitted:

September 1, 2004

Decided:

October 1, 2004

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

D. Malloy McEachin, Jr., Florence, South Carolina, for Appellant.


J. Strom Thurmond, Jr., United States Attorney, William E. Day, II,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Cory Collins pled guilty to armed bank robbery, 18 U.S.C.
2113(a), (d) (2000), and aiding and abetting, 18 U.S.C. 2
(2000) (Count 1); and using or carrying a firearm during a crime of
violence, 18 U.S.C. 924(c) (2000), and aiding and abetting, 18
U.S.C. 2 (Count 2).

He was sentenced to a term of sixty-three

months imprisonment for the bank robbery and a consecutive ten-year


term for the 924(c) offense.

Collins appeals his sentence,

arguing that the district court erred in making an adjustment for


reckless endangerment during flight from a law enforcement officer,
U.S. Sentencing Guidelines Manual 3C1.2 (2002).

We affirm.

Collins and two accomplices robbed a bank in Jefferson,


South Carolina, on February 13, 2003.

Collins went behind the

teller counter and took money from the tellers while Willis Barrino
stood in the lobby with an AR 15 semiautomatic rifle shouting
directions to the bank employees.

Arke Benjamin Cuff drove the

getaway car, a Lexus registered to Barrino.

After Collins and

Barrino came out of the bank, Cuff accidentally backed the Lexus
into a ditch.
ditch.

All three men got out and pushed the car out of the

As they drove away, several cars followed them.

Barrino

shot at the pursuers several times, then took the wheel of the
Lexus.

As they drove at high speed through Pageland, South

Carolina, a police car looking for their car saw and pursued them.

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After a chase at high speed, Barrino wrecked the car.

All three

robbers fled, but were soon arrested.


After his guilty plea and preparation of the presentence
report, Collins objected to the recommendation for an adjustment
for

reckless

endangerment

during

flight.

At

the

sentencing

hearing, defense counsel argued that Collins was not responsible


for his co-defendants conduct.

The district court noted that

Application Note 5 to 3C1.2 makes a defendant accountable only


for his own conduct and for conduct that he aided or abetted,
counseled, commanded, induced, procured, or willfully caused, for
purposes of applying the guideline, but determined that all three
defendants aided and abetted each others conduct. The court found
that Collins had directly participated in all aspects of the
robbery, and was thus responsible for the risk created.
When the facts are not contested, as in this case, the
issue is a legal one and review is de novo.
Butner, 277 F.3d 481, 488 (4th Cir. 2002).

United States v.

An adjustment is made

under 3C1.2 [i]f the defendant recklessly created a substantial


risk of death or serious bodily injury to another person in the
course of fleeing from a law enforcement officer. . . .

For

purposes of 3C1.2, the normal scope of relevant conduct is


narrowed by Application Note 5.
Collins argues on appeal that he was not a participant in
the events that occurred after he and his co-defendants left the

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bank and that, like the defendant in United States v. Chong, 285
F.3d 343 (4th Cir. 2002), he was merely a passenger in the car.
disagree.

We

Chong was in a car driven by a co-defendant in a drug

conspiracy when the police tried to stop the car for a traffic
violation.

Chongs co-defendant drove away at a high speed and

soon crashed the car.

Because Application Note 5 to 3C1.2

limits the defendants responsibility for the actions of another,


we held in Chong that some form of direct or active participation
on the part of the defendant is necessary for 3C1.2 to apply when
the reckless flight is the result of another persons action.
at 346.

Id.

Chongs case was remanded for a determination as to

whether she had any direct involvement in the driver of the cars
decision to flee in a manner that endangered other persons.
The facts in Collins case more closely resemble those in
United States v. Harrison, 272 F.3d 220 (4th Cir. 2001), cert.
denied, 537 U.S. 839 (2002), where the defendant committed a bank
robbery with several accomplices and the aftermath of the robbery
included shots fired at pursuing officers and a high-speed chase
involving two cars and two crashes.
the

conduct

of

the

appellants

Although Harrison held that

co-defendants

was

reasonably

foreseeable, it also relied on the fact that the defendants were


charged with, and pled guilty to, aiding and abetting under 18
U.S.C. 2, see 272 F.3d at 223, just as did the district court in
this case.

Moreover, escape is an integral part of a bank robbery.

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Collins actively aided and abetted his co-defendants in the robbery


and the escape, including helping his co-defendants push the
getaway car out of the ditch so they could use it to escape, as
planned.

Therefore, the district court did not err in making an

adjustment pursuant to 3C1.2.


We therefore affirm the sentence imposed by the district
court.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.

AFFIRMED

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